| GARY E. WARREN AND MARY WARREN V E.J. MILITELLO CONCRETE, INC. , AND VERIZON NEW YORK, INC. GARY E. WARREN AND MARY |
| Motion No: CA 18-01085 |
| Slip Opinion No: 2019 NY Slip Op 67234(U) |
| Decided on April 1, 2019 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., CENTRA, LINDLEY, NEMOYER, AND TROUTMAN, JJ.
DOCKET NO. CA 18-01085
DOCKET NO. CA 18-01821
| GARY E. WARREN AND MARY WARREN, PLAINTIFFS-APPELLANTS, V E.J.
MILITELLO CONCRETE, INC., ET AL., DEFENDANTS, AND VERIZON NEW YORK, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 1.) GARY E. WARREN
AND MARY WARREN, PLAINTIFFS-RESPONDENTS, V E.J. MILITELLO CONCRETE, INC., DESTRO & BROTHERS CONCRETE COMPANY, INC., AND HATCH
MOTT MACDONALD NY, INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 2.) |
Appellant Destro & Brothers Concrete Company, Inc. having moved for an extension of time to perfect their appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 30, 2018 (appeal No. 2),
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and appellant Destro & Brothers Concrete Company, Inc. shall perfect the appeal on or before April 29, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the appeals are removed from the Court's day calendar for May 15, 2019, and are added to the term of this Court commencing September 4, 2019.
Entered: April 1, 2019
Mark W. Bennett, Clerk